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RDA Agmt 2008 Hornet Associates
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RDA Agmt 2008 Hornet Associates
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Last modified
2/24/2009 5:49:58 PM
Creation date
10/6/2008 3:38:52 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
8/26/2008
Recorded Document Type
OPA
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PERM
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Inst 2008279378
(Reference)
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\City Clerk\City Council\Recorded Documents\2008
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<br />has been no default in the Agreement. If Owner defaults in this Agreement pursuant to <br />the provisions therein at any time during the Term, the Loan shall become due and <br />payable immediately. The loan is to be secured against the real property located at <br />140-144 Joaquin Avenue with a deed of trust and promissory note to be recorded with <br />Alameda County substantially in the form attached hereto as Exhibits C and D, <br />respectively. <br />Agency shall disburse the Agency Loan to Owner upon written request for <br />disbursement of funds substantially in the form attached hereto as Exhibi# F, specifying <br />the amount and use of the requested funds, accompanied by (a) copies of bills and <br />invoices from contractors or other third parties, (b) a statement indicating services <br />supplied and the persons providing such services, and (c) any other such <br />documentation as Agency may reasonably require. Agency shall pay each request for <br />disbursement not later than sixty (60) days after approval of said request. <br />7. OWNER PARTICIPATION. Intentionally omitted. <br />8. HOLD HARMLESS AND INDEMNITY. <br />8.1 Owner shall hold the Agency, its elective and appointive boards, <br />commissions, officers, agents and employees harmless from and against any loss, <br />liability, expense, claim, casts, suits, damages of every kind, nature and description <br />directly or indirectly arising from the performance of the obligations or undertakings of <br />the Development by Owner. Owner shall defend Agency, its elective and appointive <br />boards, commissions, officers, agents and employees from any suits or actions at law or <br />in equity for damages caused or alleged to have been caused, by reason of any of the <br />obligations or undertakings of the Development by the Owner. <br />8.2 It is further provided that Agency does not, and shall not, waive any rights <br />against Owner which it may have by reason of this hold harmless agreement because <br />of the acceptance by Agency, or the deposit with Agency by Owner, of any of the <br />insurance policies described herein. <br />8.3 It is further provided that this hold harmless agreement shall apply to all <br />damages and claims for damages of every kind suffered or alleged to have been <br />suffered by reason of any of the obligations or undertakings of the Development by the <br />Owner, whether or not such insurance policies shall have been determined to be <br />applicable to any of such damages or claims for damages. <br />8.4 However, it is agreed that Owner shall have no obligation to defend, <br />indemnify or hold harmless the Agency or its elective and appointive boards, <br />commissions, officers, agents and employees from any claim, petition or suit alleging <br />that the Agency or its elective and appointive boards, commissions, officers, agents and <br />employees acted improperly or failed to properly perform their governmental duties and <br />functions including but not limited to, failure to follow the applicable law, failure to follow <br />5 Owner ~artici~ataon ~1gre~ent <br />~it~ u~ Sen ~ean~r~ ~e+~eve~~prr~en# ~#gen~y <br />'~4d~-14~ Joaquin Avenge <br />
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